The Cooperation on Competition Policy under the African Continental Free Trade Area

Manchester Journal of International Economic Law, Volume 17 Issue 1, pp 98-121, 2020

https://www.electronicpublications.org/stuff/777

Posted: 29 May 2020 Last revised: 31 Mar 2021

See all articles by Vellah Kedogo Kigwiru

Vellah Kedogo Kigwiru

Technische Universität München (TUM), Students; University of Narobi

Date Written: May 1, 2020

Abstract

The dream of establishing an African common market that would lead to an African Economic Community begun in the 1980s, when the Lagos Plan of Action for the Economic Development of Africa was adopted. The establishment of the African Continental Free Trade Area (AfCFTA) which came into force on 30th May 2019 provides the most recent, and perhaps the most critical milestone in the integration process because it provides a foundation upon which an African Customs Union can materialize. It is recognized that for the AfCFTA to meet its general objectives under Article 3 of the AfCFTA Framework Agreement; States Parties need to cooperate on competition policy which is part of the second phase of the negotiations that will culminate into a Protocol on Competition Policy. At the time of writing this paper, the negotiations on the cooperation on competition policy are on the horizon. As such, this paper seeks to inform the design and implementation of the proposed competition policy under the AfCFTA by espousing the benefits, potential and challenges of adopting a continental competition policy framework. More importantly, building upon the literature on competition policy under free trade areas (FTAs), this paper also seeks to answer a pertinent question on the mind of the majority of stakeholders which is: how should a competition policy under the AfCFTA be fashioned?

Keywords: Competition Law, AfCFTA

Suggested Citation

Kigwiru, Vellah Kedogo, The Cooperation on Competition Policy under the African Continental Free Trade Area (May 1, 2020). Manchester Journal of International Economic Law, Volume 17 Issue 1, pp 98-121, 2020 , https://www.electronicpublications.org/stuff/777, Available at SSRN: https://ssrn.com/abstract=3591015 or http://dx.doi.org/10.2139/ssrn.3591015

Vellah Kedogo Kigwiru (Contact Author)

Technische Universität München (TUM), Students ( email )

Munich, 80333
Germany

University of Narobi ( email )

Nairobi
Kenya

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